to the assess employed in performing the duties required of him by this act, and Allowance that the said commissioners shall be entitled to and retain in their ors and comhands, three per cent. on all the monies they shall respectively missioners. expend for the purposes of improving said road, as a compensation for contracting for and superintending the improvement thereof. Provisions of to improve Rome to Tu rin. commission ers. VI. And be it further enacted, That for the purpose of im- the first sec proving the road from Rome to the town of Turin, in the county tion extended of Lewis, on the route of the state road leading from Rome by road from Lawrence's mills, in Lee, to the state road leading from Johnstown to Sacket's Harbor, where it first intersects the same, all the provisions of this act for the improvement of the road mentioned in the first section, be extended to the road from Rome to Turin aforesaid, and for that purpose, that Moses Wright shall be the assessor, and that George Huntington, William Constable and Thomas E. Law- Assessor and rence, shall be the commissioners to perform the respective duties assigned to the assessor and commissioner aforesaid, and be entitled to the same compensation for their services: And further, that the assessor shall make the return of his assessment as is provided by the second section of this act, to the board of supervisors of Oneida county and Lewis county, upon the land in those counties respectively: Provided always, That it shall be lawful for the persons owning lands on the different routes through which any or either of the roads authorised to be opened by this act shall pass, to make and improve the road so far as the same shall pass on his land, in the same manner, and of equal goodness with the road that shall be made by said commissioners on the other parts of said route; and the said commissioners, accepting of the same, their certificate certifying that they have so made the road through the lands they so own, shall be received by the person authorised to collect the tax assessed under this act, in full of the tax so assessed on the lands through which the said owner shall have made said road. Proviso. CHAP. CCXXXVII. An ACT appointing Commissioners to lay out the Road therein mentioned, within the counties of Oneida and Jefferson. Passed April 18, 1815. I. Be it enacted by the people of the state of New-York, represented in Senate and Assembly, That Benjamin Wright, of Rome, Ebenezer Wood and Oliver Scott, of Ellisburgh, or any two of them, be, and they are hereby authorised and impowered to lay out a road four rods wide, beginning at or near the ferry on the east side of Oswego river, opposite the village of Oswego, and pursuing from thence the most eligible and direct route through the towns of Mexico, (or New-Haven) Richland and Ellisburgh to Henderson's Harbor, and from thence the most eligible and direct route to Sacket's Harbor. II. And be it further enacted, That each of the said commis- Commissionsioners shall, before he enters upon the duties of his said office, take ers to take a and subscribe an oath or affirmation before a justice of the peace of oath. Maps of the road to be the county where he resides, that he will act without favor or par tiality in laying out the road for which he is appointed. III. And be it further enacted, That the said commissioners shall cause to be made an accurate map of the said road, together with the courses and distances of the same, and shall cause to be filed a copy of such part as shall pass through the counties of Oneimade & filed. da and Jefferson, in the respective clerks office in said county through which said road is laid, and also shall cause to be filed as aforesaid, a map of such part of said road as shall pass through the several towns, in their respective town clerk's offices for record. work the read. IV. And be it further enacted, That the town commissioners Towns to of the the towns thro' which said road shall be laid, shall without delay after recording of the route thereof as aforesaid, cause the said road to be opened and worked in their respective towns in the same manner as if the same had been laid out by the said town commissioners. taxed for o V. And be it further enacted, That there shall be assessed, paid and collected for the purpose of opening and making the said Lands to be road, viz. on every acre of non-resident land lying within one mile pening and of said road, a sum not exceeding ten cents, nor less than three making the road. cents, and for every acre of land lying within two miles and more than one mile from the said road, a sum not exceeding five cents, nor less than one cent, which said assessment shall be made in proportion to the value of the land, and to the advantages resulting to the owners thereof by the establishment of the said road: And further, that the said commissioners shall apply the whole of the monics to be raised or received by virtue of this act, to the making and improving such parts of the said road as in their discretion they may deem most beneficial.. how to be made. VI. And be it further enacted, That the said commissioners Assessments shall, as soon as may be after the route of the said road shall be marked and fixed upon by them, examine the lands hereby made subject to the said assessinent, and make the said assessment fairly thereupon in writing, and shall ascertain and describe the parcels of land so assessed as accurately as may be, which said assessment so to be made in writing as aforesaid, shall be filed in the office of the comptroller of this state; and it shall thereupon be the duty of the control the said comptroller to give notice in the newspaper pu lished by ler's office. the printer to this state, and in one newspaper printed in the counties of Oneida and Jefferson, for three successive weeks, that he the said comptroller has received the assessment of a tax made agreeably to this act; and unless the said tax be paid within six months from the date of the said advertisement, it shall then be the duty of the said comptroller to give notice in the newspapers aforesaid, describing particularly all the lands on which the said tax shall remain unpaid, that the same will be sold at public sale by the said comptroller, in the city of Albany, to the highest bidder, or so much thereof as may be necessary to raise the amounts of the sum so assessed and remaining unpaid, together with all the expences of advertising, selling and conveying the same, on such day as he shall fix, not exceeding three months, nor less than two months from the date of the advertisement; and the said comptroller shall be and is hereby is authorised to execute a conveyance to the purchasers of the land so sold, which shall vest the absolute title thereof, in fee simple, in the purchaser: Provided, That if the owner of such land so sold and conveyed by the said comptroller, shall, within two years after the said sale, pay to the said comptroller, for the benefit of such purchaser, the sum paid for the same, with interest at the rate of fourteen per centum per annum, the said sale shall be void; and the monies so received by the said comptroller shall be paid by him to the said commissioners for the purpose of making the road aforesaid. VII. And be it further enacted, That the said commissioners Commis'rs to shall, previous to the receiving the said sums of money, enter into give bond. a bond, with such security and in such manner as shall be approved by the comptroller of this state, with whom the same shall be filed, with condition that they will faithfully expend and account for the said sums of money they shall so receive as aforesaid. be paid. VIII. And be it further enacted, That if any part of the said Damages to road shall be laid out through any improved lands, the owner or owners thereof shall be paid his or their damage by the town in which such improved lands lie, to be assessed and determined in the same manner as damages are directed to be assessed by an act entitled "An act to regulate highways." commis'rs. IX. And be it further enacted, That each of the commissioners Pay of the appointed by this act shall be entitled to receive two dollars and fifty cents for each and every day they shall necessarily spend. in. laying out and establishing said road; and all expences incident to the same shall be levied, collected and paid in the said counties of Oneida and Jefferson, as other contingent charges are in said counties levied, collected and paid. CHAP. CCXXXVIII. An ACT for the preservation of the Fishery in Hoag Pond, in Passed April 18, 1815. Be it enacted by the people of the state of New-York, represented in Senate and Assembly, That from and after the passing of this act until the first day of August in the year one thousand eight hundred and sixteen, it shall not be lawful for any person or persons, in any manner whatsoever, to fish or angle in the pond commonly called the Hoag pond, situate in the towns of Nassau and Schodack, in the county of Rensselaer, any where between the place called the upper dam in said pond and the distance of eighty rods up the creek emptying into the north end of said pond; and every person offending herein shall, for every such offence, forfeit the sum of ten dollars, to be recovered by any person who will sue for the same, by an action of debt, with costs, before any court having cognizance thereof. Company in. corporated. CHAP. CCXXXIX. An ACT to incorporate the Johnstown Turnpike Company. I. Be it enacted by the people of the state of New-York, represented in Senate and Assembly, That William A. Reid, John Holland, Caleb Johnson, Joseph Cuyler, and all such other persons as shall associate with them by becoming subscribers to make a good and sufficient turnpike road, to begin at the house of Hugh Sanford, on Tripe's Hill, and from thence through the village of Johnstown, and to intersect the road leading from the court-house in said village, running westerly to the house of John C. Nellis, in the town of Oppenheim, shall be and are hereby created a body corporate and politic, in fact and in name, by the name of "The Style, &c. president, directors and company of the Johnstown turnpike company," and by that name they and their successors shall be capable in law to hold, enjoy and retain to them and their successors, lands, tenements and hereditaments, goods, chattels and effects of every kind whatsoever, for the use of the said corporation: Provided, That such estate, as well real as personal, shall be necessary to fulfil the end and intent of this corporation, and to no other purpose whatsoever. Provise. II. And be it further enacted, That James Ford, Caleb JohnCommiss're. son and Henry Frey Cox shall be commissioners to lay out the said road not herein particularly designated, and shall have the like power and authority, and be subject to the same regulations as are given and directed in and by the act entitled "An act relative to turnpike companies," passed the 13th March, 1807, any thing in the said act to the contrary notwithstanding. Steek. Money sub. scribed bow III. And be it further enacted, That the stock of said company shall consist of one thousand five hundred shares of twenty dollars each; and that John Holland and David Rust shall be and hereby are appointed commissioners to receive subscriptions for the said stock, in the manner directed in and by the act entitled "An act relative to turnpike companies." IV. And be it further enacted, That it shall and may be lawful to be paid. for the president and directors to demand, receive and recover from the stockholders respectively all such sums of money by them subscribed or to be subscribed, at such times and in such proportions as the said president and directors shall see fit; and that the shares of such stockholders as shall refuse payment, and all the previous payments thereon, shall by such refusal be forfeited to the said president and directors. be erected. V. And be it further enacted, That it shall and may be lawful Gates how to for the president and directors of the said company to erect gates or turnpikes on and across the said road, one whereof shall be erected within two miles of the place where said road intersects the Mohawk turnpike road, near the house of John C. Nellis, one gate between said gate and the village of Johnstown, and one gate between said village and Tripe's Hill, at such places as the president and directors may think proper, provided the said gates shall not be nearer to each other than eight miles on said road between said vil lage and the said house of John C. Nellis And provided also, That no gate shall be erected within the bounds or limits of the village of Johnstown. VI. And be it further enacted, That whenever the said president, directors and company shall have completed eight miles of the said road, and the same shall have been inspected and approved of according to law, they shall have a right to erect a toll gate thereon; and when the whole of the said road is completed and approved of as aforesaid, then they. shall have a right to erect two toll gates as aforesaid, and to appoint toll gatherers to collect and receive of and from every person and persons using the said road, at the gate first above mentioned, the following rates of toll, to wit: for every score of hogs or sheep, eight cents; for every score of neat cattle, twenty cents; for every horse and rider, five cents; for every horse led or driven, four cents; for every sulkey, chair or chaise drawn by one horse, twelve and a half cents; for every cart or waggon drawn by one horse, six cents; for every chariot, coach, coachee or phaeton, twenty-five cents; for every stage waggon or other four wheel carriage drawn by two horses, mules or oxen, ten cents, for every additional horse, mule or ox, three cents; for every sleigh or sled drawn by two horses, mules or oxen, six cents, and in like proportion for a greater or less number of horses, mules or oxen; and at the other two gates half the rates of toll above mentioned. Rates of toll. VII. And be it further enacted, That the concerns of the said Directors. company shall be managed by five directors, and that the said directors shall choose a president; and any three of such directors when met shall form a quorum, and exercise all the powers, and be Proviso. subject to all the duties given or enjoined by the act aforesaid: Provided, That nothing in this act contained shall be so construed as to entitle the said corporation to demand or receive toll of or from any person passing to or from public worship, or to or from his common business on his farm, or to or from any grist mill for grinding of grain for their family's use, or of or from any person or persons exempted or intended to be exempted therefrom by the aforesaid act entitled "An act relative to turnpike companies." VIII. And be it further enacted, That the said company here- Privileges. by incorporated shall have and enjoy all the rights, privileges, powers and immunities which are given and granted in and by the aforesaid act entitled "An act relative to turnpike companies," and shall be subject to all the conditions, provisions, restrictions and regulations contained in the said act, other than as above excepted and provided for. CHAP. CCXL. An ACT to continue in force an act, entitled “ An act relative to the pilots of the port of New-York." Passed April 18, 1815. Be it enacted by the people of the state of New-York, represented in Senate and Assembly, That the act, entitled "An act relative to the pilots of the port of New-York," passed the tenth |